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Nashville DUI/DWI Law Blog

Can A Vehicular Homicide Charge Turn Into A Murder Charge ?

Vehicular homicide charges are usually brought when a death occurs in a motor vehicle accident involving alcohol or reckless conduct in Tennessee. Crime reporter Jamie Satterfield reported on the efforts of two Knox County prosecutors to pursue a second degree murder charge instead of a vehicular homicide charge. One reason for the push is that a second degree murder charge carries a stiffer punishment.

How much will a DUI conviction cost you?

As someone facing DUI charges in Tennessee, you'll want to be aware of the type of repercussions you might face. Even at the lightest, you will still likely walk away with a fine if you are convicted. At Rob McKinney, we work to bring you the information you need so that you can be entirely prepared when you head in to face the judge on your hearing date.

The first thing you should note is that the involvement of minors will automatically up the penalty fine. If someone under 18 was in the car with you at the time of your arrest, that's an additional $1,000 tacked on to whatever charge you'll be facing. This is due to endangerment factors and the involvement of someone who is not legally old enough to drink.

Is a Prescription for Marijuana Legal In Tennessee ?

Prescriptions for medical marijuana are available in 29 states plus the District of Columbia. A medical prescription for maijuana is not allowed under Tennessee law. I posted about the legality of possessing marijuana purchased in a state that legalized the sale of marijuana earlier this week. It made me wonder if a valid prescription for marijuana for medical reasons in another state would make possessing marijuana legal in Tennessee.

Tennessee authorities likely to crack down on violent crimes.

Whenever research indicates an uptick in certain types of crime, it is a safe bet that lawmakers, police and prosecutors will be taking a harsh stance against these crimes.

In some cases, this zeal to stop crime can go too far and the only help available to someone accused of a serious crime is an experienced, aggressive attorney.

Witness recants testimony. Man goes free after 27 years.

Every criminal prosecution is built on evidence and testimony. It is the job of the defense attorney to break these down and find weaknesses and inaccuracies to establish a reasonable doubt.

But what happens when a witness is coerced by the police to providing condemning testimony even if the facts are not true?

What is a drug diversion program?

People in Tennessee who have been convicted of drug-related charges may either have the option of enrolling in a drug diversion program, or it may be a requirement. But just what is this program, and what should you know about it?

First of all, the National Institute of Justice states that a drug diversion program is a type of sentence that is geared toward rehabilitation rather than punishment, and will also sometimes lessen the charges or even drop them entirely if the program is successfully created. Drug diversion programs can be varied as well. There isn't just one per state, or one type. Diversion programs are intended to suit a variety of needs. They can even be run by a variety of different organizations or departments, such as the police, an outside agency, the district attorney's office, or the court itself.

Punishment of Simple Possession of Marijuana in Tennessee ?

Punisment of simple possession of marijuana in Tennessee can be confusing. While the legalization of marijuana is rapidly expanding, it is illegal under Tennessee's criminal laws to possess marijuana.  it is a criminal offense to possess less than one-half ounce of marijuana. It is a Class A misdemeanor. A Class A misdemeanor of simple possession of marijuana carries the following penalities:

Persistence can be the key to a successful conviction appeal

When someone who is suspected of committing a crime enters a plea of guilty, it usually appears as though the gears of the justice system are turning easily; part of a much larger, well oiled machine. In the majority of situations like this, by entering a guilty plea, the person ceases to be a suspect and becomes a convicted criminal, It might seem at this stage that justice is served and the case is closed. 

However, while it’s not something that happens very often, there are some circumstances in which someone who pleaded guilty (or accepted a plea agreement) can then later file for an appeal to their conviction and their sentence. 

Allegations of domestic violence dismissed

Tennessee residents who find themselves taken in to a jail by authorities and charged with a crime may understandably feel very scared and unsure of what to expect next. Concerns that an arrest may all too easily lead to a conviction often arise. However, defendants are legally required to have the chance to clear themselves of charges if appropriate. 

One man in Tennessee has reportedly had two different charges against him dropped recently. The case involves allegations of physical abuse by a husband against a wife. According to reports, the woman asserted that her husband became angry about an unlocated piece of computer equipment and during the argument she was pushed to the ground by him. For this, the man was charged with domestic assault. An order of protection was also put in place. With this, the man would have been prevented from going to the family home with his wife still living there.

Nashville Order of Protection Docket Update

Orders of protection often go hand in hand with domestic violence cases and sexual assault cases. Last week we sucessfully defended an order of protection petition based upon an alleged sexual assault.The petitioner appealed as was their right. It was dismissed again. During the process, I learned something new.

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